PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner-accused under Section 439 of Cr.P.C., praying to release him on bail in S.C.No.27/2019 on the file of the Principal District and Sessions Judge, Haveri, for the offences punishable under Sections 302, 504 of IPC.

(2.) I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.

(3.) The gist of the complaint is that the husband of the deceased-Asha expired about 10 years back. Thereafter the accused came in contact with the deceased and promised her that he will marry her and take care of her and her children. Subsequently the marriage of the accused was fixed with another lady. On 02.12.2018, at about 10:00 p.m. the accused-petitioner after having dinner went to the house of deceased Asha. When the deceased Asha questioned regarding the marriage of the accused with another lady, at that time, being enraged, the accused-petitioner abused her with filthy language and pored kerosene on her body and lit fire. As a result of the same she suffered with the burn injuries and thereafter she was shifted to the Hospital at Akki-Alur, then to the District Hospital at Haveri, further to Chigateri Hospital Davanagere and again she was shifted to S.S. Hospital. From S.S. Hospital, she was shifted to Father Mullar Hospital, Kankanadi at Mangalore and she succumbed to the said burnt injuries on 12.12.2018 at 5:35 p.m. On the basis of a dying declaration a case has been registered.